Context and Background
- Recent Developments:
- Law and Justice Minister Arjun Ram Meghwal reaffirmed India’s commitment to legal reforms rooted in civilisational ethos, citing the Panch Parmeshwar doctrine (collective consensus in dispute resolution).
- Emphasis on global cooperation to strengthen ADR mechanisms.
- Current Challenges in India’s Justice System:
- Pending cases: 4.57 crore overall; Supreme Court: 81,768; High Courts: ~62.9 lakh.
- Vacancy rates: High Courts 33%, district courts 21%.
- Judicial workloads: Over 4,000 cases per judge in UP, Himachal Pradesh, Kerala.
- Delays in case disposal, inter-State disparities, and accountability gaps undermine access to justice.
Relevance
- GS II – Polity & Governance:
- Constitutional provisions: Article 39A, Sixth Schedule of CPC.
- Legal reforms, access to justice, rule of law, accountability.
- GS II & III – Governance & Economy:
- Court efficiency impacts business and commerce.
- ADR reduces litigation costs, fostering economic growth.
Constitutional and Legal Basis of ADR
- Article 39A, Constitution of India:
- Mandates the State to provide free legal aid and ensure equal justice.
- Forms the foundation for pre-litigation dispute resolution mechanisms.
- Legal Provisions Governing ADR:
- Section 89, Civil Procedure Code (CPC), 1908: Courts can refer cases to arbitration, conciliation, mediation, or Lok Adalat.
- Arbitration and Conciliation Act, 1996 & 2021 Amendment:
- Civil and compoundable criminal disputes can be resolved via binding awards.
- Indian Arbitration Council established to oversee arbitration.
- Maximum dispute resolution period: 180 days.
- Parties dissatisfied can exit after two mediation sessions.
- Lok Adalats:
- Governed by Legal Services Authorities Act, 1987; inspired by Article 39A.
- Variants: Permanent Lok Adalat, National Lok Adalat, e-Lok Adalat.
- Features:
- Decisions are final; no appeal, as disputes are resolved pre-litigation.
- Emphasis on socially inclusive, accessible, and language-appropriate dispute resolution.
Rationale for Strengthening ADR
- Reduce Court Pendency:
- Pre-litigation mediation prevents inflow into regular courts.
- Ensures faster disposal of cases, particularly in high-backlog States (Andhra Pradesh, UP, Bihar).
- Increase Access and Equity:
- ADR is cost-effective and socially inclusive, reducing barriers for marginalized communities.
- Supports constitutional mandate of equal justice.
- Promote Social Harmony:
- Mediation encourages dialogue, consensus-building, and reconciliation.
- Protects social relationships while resolving disputes.
- Enhance Accountability:
- Real-time data through National Judicial Data Grid (NJDG) improves monitoring of case pendency and judicial performance.
Mechanisms of ADR
- Arbitration:
- Parties submit disputes to a neutral arbitrator; award is legally binding.
- Speedy resolution; maximum period capped at 180 days.
- Mediation & Conciliation:
- Voluntary exchange of views under neutral facilitation.
- Focus on social norms aligned with constitutional values (D.Y. Chandrachud).
- Lok Adalats:
- Resolve disputes before litigation.
- Include e-Lok Adalats for wider accessibility.
- Decisions are final and enforceable, minimizing litigation fatigue.
Challenges in the Justice System
- High Case Pendency: 4.57 crore cases; backlog >10 years in many High Courts and subordinate courts.
- Judicial Vacancies: Over 30% in High Courts; delays exacerbate access to justice issues.
- Inter-State Disparities: States like UP, Andhra Pradesh, and Bihar lag significantly.
- Infrastructure Gaps: Court infrastructure and digitization uneven across States.
- Public Awareness: ADR mechanisms underutilized due to lack of awareness.
Strategic Importance and Reforms Needed
- Integrate ADR in Judicial Policy:
- Mandatory pre-litigation mediation for civil and commercial disputes.
- Expand Lok Adalats and e-Lok Adalats for rural and urban populations.
- Institutional Strengthening:
- Empower Indian Arbitration Council and legal aid bodies.
- Real-time monitoring via NJDG and data analytics.
- Capacity Building:
- Train mediators, conciliators, and judicial officers in ADR principles.
- Promote ADR as part of legal education and civil awareness campaigns.
- Global Cooperation:
- Learn best practices from international ADR systems.
- Encourage cross-border arbitration for commercial disputes.